Town of East Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-10-1975]

§ 186-1 Scope.

[Amended 1-12-1989 by L.L. No. 2-1989]
A. 
These specifications shall be used for construction of water lines within the Town of East Fishkill. These include the mains within the streets and on rights-of-way and building connections, including the necessary items such as valves, hydrants and appurtenances. These specifications shall be considered to be minimum acceptable standards for construction.
B. 
Upon approval of the Engineer, the owner may use as alternative specifications applicable standards of the Dutchess County Health Department and New York State Department of Environmental Conservation or other agencies of jurisdiction, as long as such specifications meet or exceed the specifications herein, but the owner in no case shall be allowed to use standards which are less stringent than those adopted herein.

§ 186-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ANSI
The numbered specifications of the American National Standards Institute, as revised at the time design is approved.
AWWA
The numbered specifications of the American Water Works Association, as revised at the time design is approved.
ENGINEER
The Engineer for the Town of East Fishkill or his authorized deputy, agent or representative.
OWNER
The legal owner of the real estate to be improved, or such person designated as his agent, in writing, to the Engineer.
OWNER'S ENGINEER
The engineer of record with reference to the water system.

§ 186-3 Permits.

The owner shall obtain such permits as are necessary for the opening of streets, building permits and such others as are required by local law. These shall be obtained prior to the start of construction and at no cost to the Town of East Fishkill. The owner shall be responsible for payment of all fees required by such local laws.

§ 186-4 Notice of construction.

The Engineer shall be notified at least seven working days in advance of the start of construction.

§ 186-5 Judge of quality and suitability.

All materials becoming a part of the permanent construction, as called for on the approved drawings and in the specifications, shall be first class in every respect and subject to the approval of the Engineer who shall be the sole judge of their quality and suitability for the purposes that they are to be used. If any material, brought on the site for use in the work, is condemned by the Engineer after arrival at the site, as unsuitable or not in conformity with the specifications, the owner shall immediately remove such materials from the construction site.

§ 186-6 Approved drawings.

[Amended 1-12-1989 by L.L. No. 2-1989]
Approved drawings shall consist of a set of plans and profiles prepared by the owner's engineer and submitted to the Engineer for review and approval as to conformity to the basic municipal water supply system plan and the specifications. The Engineer's approval shall be affixed to the drawings, and a copy of such approved drawings shall be on the construction site at all times. No deviation shall be made from the line and grade, or by substitution of materials, from that shown on the approved drawings, except by written authorization of the Engineer.

§ 186-7 As-built drawings.

The owner's engineer shall provide the Engineer with a revised set of permanent reproducible drawings showing the as-built location, sizes and elevations of water lines, valves, hydrants, building connection, water main and service terminations and easements, together with such legal descriptions as are required for proper recording of such easements.

§ 186-8 Water main sizes.

All water mains shall be no smaller than eight-inch diameter. Written requests for exceptions shall be submitted to the Engineer for approval. The Engineer may require the installation of water mains of greater size than eight-inch diameter if, in his judgment, service conditions so require.

§ 186-9 Water main materials.

[Amended 1-12-1989 by L.L. No. 2-1989]
A. 
Ductile iron pipe.
(1) 
Type and class of pipe. All ductile pipe shall meet the requirements of the specifications tabulated below and shall be in accord with the pressure and thickness classifications tabulated:
Material Specifications
ANSI A21.51-86
AWWA C151-86
ANSI A21.4-85
AWWA C104-85
(2) 
Joints.
(a) 
Mechanical joints shall meet the requirements of ANSI Specification A21.11-86 (AWWA C111-86) and shall have the same pressure rating as the pipe of which it is a part. Assembly of mechanical joint fittings shall be completed with a torque wrench. Torque to be applied to each bolt shall be between 60 pounds and 90 pounds. After all pipe and fitting joints have been completed, there shall be inserted in each joint two bronze wedges as furnished by the pipe manufacturer. They shall be firmly driven between the outside surface of the pipe and the inside surface of the socket. The wedges shall be placed 180º apart on the horizontal axis.
(b) 
Except as necessary to connect into existing pipe, rubber-ring-type gaskets shall be used with bell and spigot pipe, mechanical joints or push-on joints, which gaskets shall be equal to Fastite as made by the American Cast Iron Pipe Company; Bell-Tite as made by Clow Company; Tyton as made by the U.S. Cast Iron Pipe Company.
(c) 
A thin coat of lubricant shall be applied to each spigot end, as required by ANSI Specification A21.11-7.4-86.
(3) 
Fittings. All bell and spigot cast-iron fittings and mechanical joint ductile-iron pipe fittings shall meet the specification of ANSI A21.10-87.
(4) 
Coating and lining. All ductile-iron pipe and fittings shall be coal tar pitch coated on the outside and cement lined on the inside, in conformance with ANSI A21.4-85 specification (AWWA C104-85). Coating and lining shall be accomplished at the point of manufacture.
B. 
Polyvinyl chloride (PVC) pressure pipe, four-inch through twelve-inch diameter for water main.
(1) 
Material and class. All PVC pressure pipe for water systems and appurtenances therefor shall conform to the current (latest revision) AWWA Standard Specification C900-81 in all respects, including the following:
(a) 
The class of the pipe to be furnished shall be Class 200 for pipe sizes up to eight-inch diameter pipe and Class 150 above eight-inch diameter pipe.
(b) 
Certified records of tests made by the manufacturer or by an approved commercial laboratory, or by both, as required by the Engineer, shall be submitted to the Engineer with each shipment of pipe, demonstrating that the pipe delivered complies with the specifications herein.
(2) 
All couplings, fittings, valves, gaskets (elastomeric) and other such related appurtenances shall be in conformance with current AWWA Standards governing such appurtenances for the pipe being provided.
C. 
Marking.
(1) 
Ductile-iron pipe and fittings.
(a) 
Each length of pipe and each random and short length of pipe shall be marked with the manufacturer's name, trade name, nominal size, class, hydrostatic test pressure, a "T" to signify it was tested and the date of manufacture.
(b) 
Each coupling shall be marked by the manufacturer with the manufacturer's identification, the size, the year of manufacture and the class of pipe with which it can be used.

§ 186-10 Water main installation.

A. 
Excavation.
(1) 
Trench width.
(a) 
The trench width may vary with and depend upon the depth of trench and the nature of the excavated material encountered but, in any case, shall be of ample width to permit the pipe to be laid and jointed properly and the backfill to be placed and compacted properly.
(b) 
The minimum width of unsheeted trench shall be at least 18 inches larger than the outside diameter of the pipe except by consent of the Engineer; the maximum clear width of trench shall be not more than two feet greater than the outside pipe diameter. When sheeting and bracing is used, the trench width shall be increased accordingly. All trenching operations shall be performed in compliance with OSHA safety standards.
[Amended 1-12-1989 by L.L. No. 2-1989]
(2) 
Pipe cover. Minimum cover over top of water mains shall be five feet measured from established grade of street. Cover in excess of five feet may be approved by the Engineer.
[Amended 1-12-1989 by L.L. No. 2-1989]
(3) 
Bedding.
(a) 
The trench, unless otherwise specified, shall be excavated at least four inches below the bottom of the pipe and bottom shall be brought back to grade by thoroughly compacting selected backfill which meets the requirements of Subsection A(6). This bedding requirement may be waived by the Engineer if pipe foundation soil condition warrants same. Said waiver is to be solely determined by the Engineer.
[Amended 1-12-1989 by L.L. No. 2-1989]
(b) 
When the uncovered trench bottom at subgrade is soft and, in the opinion of the Engineer, cannot support the pipe, a further depth and/or width shall be excavated and refilled to pipe foundation grade with slag, stone and/or other approved materials, or other approved means shall be adopted to secure a firm foundation for the pipe.
(c) 
Ledge rock, boulders, large stones and shale shall be removed to provide a clearance of at least six inches below all parts of the pipe, valves or fittings, and a clear width of nine inches on each side of all pipe shall be provided.
(d) 
Bell holes of ample dimensions shall be dug at each joint to permit the jointing to be made properly. Adequate clearance for properly jointing pipe laid in rock shall be provided at bell holes.
(4) 
Sheeting and bracing. Sheeting and bracing shall be used as required or ordered by the Engineer to support the sides of trenches or other excavation. Such sheeting and bracing shall be removed as the trench or excavation is backfilled, unless the Engineer shall order the same left in place.
(5) 
Backfilling. The backfilling shall be first done over the middle portion of each length of pipe, bringing the cover to a depth of at least one foot over the top of the pipe and leaving all joints exposed until after the pipe has been tested and passed by the Engineer. The rest of the backfilling shall be done in the same manner.
(6) 
Selected backfill. All backfill under, around and to a depth of one foot over the top of all pipes and valves shall be made with a selected material thoroughly tamped. The material to be used for selected backfill embedment shall be a natural bank sand graded from fine to coarse, not lumpy or frozen and free from slag, cinders, ashes, rubbish or other deleterious or objectionable material. It shall not contain a total of more than 5% by weight of loam and clay, and all material must be capable of being passed through a three-fourths-inch sieve. Not more than 5% shall remain on a No. 4 sieve. Samples of the material to be used shall be submitted to and be approved by the Engineer or his authorized agent. Limestone screenings, sand, bank-run gravel and approved excavated material may be utilized with the approval of the Engineer.
(7) 
Earth backfill.
(a) 
Only after the backfill previously mentioned has been satisfactorily compacted may work proceed in placing the remaining backfill which must be carefully placed and compacted by tamping, puddling or rolling. All precautions must be taken to eliminate future settlement.
(b) 
Where pavements, driveways, curbing and sidewalks are to be placed or are to be replaced, all backfill placed over the pipe shall be compacted with the use of approved vibratory or flat-faced mechanical tampers in layers not more than 12 inches thick, loose measurements, to 95% standard proctor density (per ASTM: D698 method). If any compaction is questioned by the Engineer, the owner shall supply test results to verify the compaction.
[Amended 1-12-1989 by L.L. No. 2-1989]
(c) 
Backfilling shall not be done in freezing weather, except by permission of the Engineer, and it shall not be made with frozen materials nor shall any fill be made where the material already in the ditch is frozen.
(d) 
All backfill above a plane one foot above the top of all pipes may be made with material excavated from the trenches, provided that the same is satisfactory to the Engineer. If, in the opinion of the Engineer, the material excavated is unsatisfactory, other material suitable for backfill shall be used. All backfill shall be free from slag, cinders, rubbish and other objectionable material.
(8) 
Pipe laying.
(a) 
Pipe, couplings and fittings shall be handled and installed in accordance with the recommendations of the pipe manufacturer. Proper and suitable tools and appliances for the safe and convenient handling and laying of the pipes and fittings shall be used. Under no circumstances shall pipe or accessories be dropped or dumped into the trench or bumped while handling.
(b) 
Great care shall be taken to prevent the pipe coating from being damaged, particularly on the inside of the pipes and fittings, and any such damage shall be remedied as directed. All pipes and fittings shall be carefully examined for defects just before laying, and no pipe or fitting shall be laid which is known to be defective. Pipes shall be laid only in properly prepared trenches and on compacted sand cradle, true to line and grade and with no dips or rises except as required by the design.
(c) 
All pipes and fittings shall be thoroughly cleaned before they are laid, shall be kept clean until they are used in the completed work and, when laid, shall conform to the lines and grades of the design. Open ends of pipe shall be kept plugged with a bulkhead during construction.
(d) 
Pipe laid in trench shall be laid to a firm and even bearing in material for its full length.
[Amended 1-12-1989 by L.L. No. 2-1989]
(e) 
No pipe shall be laid in wet trench conditions which preclude proper bedding as specified or on frozen trench bottom, or when in the opinion of the Engineer the trench conditions or weather are unsuitable for proper installation.
(f) 
It is the intention of these specifications to secure first class workmanship in the placing of pipe and accessories.
(9) 
Nonstandard deflections. Whenever changes in line and grades of the main are not standard fitting deflections, combinations of standard fittings and small deflections, in the adjoining lengths of pipe will be permitted, subject to the following limitations:
[Amended 1-12-1989 by L.L. No. 2-1989]
(a) 
For ductile iron bell and spigot pipe, the maximum deflection at each joint shall be 3º.
(b) 
For ductile iron mechanical joint pipe, the above deflection shall be limited to 5º.
(c) 
For PVC pipe, the above deflection shall not exceed that recommended as maximum by the pipe manufacturer.
(10) 
Buttresses and anchorages. Bends, T's and plugged ends shall be buttressed or anchored with poured concrete as directed by the Engineer.
(11) 
Operating valves. The operation of all gate valves on existing mains for making connections or tests, or for any other cause, shall be done by the Town water district (if such districts are created), and sufficient notice shall be given to the Town water district by the contractor so that the work may be done with a minimum of inconvenience to the public and delay to the contractor.

§ 186-11 Testing and sterilization.

A. 
Testing.
(1) 
After the pipe is laid and before backfill is placed around joints, such length of the water main as the Engineer may have determined shall be tested under hydrostatic pressure. The section of pipe to be tested shall be filled with water for a minimum period of 48 hours and then subjected to the test. The test pressure shall be 50% greater than the operating pressure measured at the lowest elevation of the system.
[Amended 1-12-1989 by L.L. No. 2-1989]
(2) 
The duration of the test shall be two hours unless otherwise directed by the Engineer. Under test, pipelines shall show leakage not exceeding the following:
[Amended 1-12-1989 by L.L. No. 2-1989]
(a) 
Ductile iron:
L =
 SDP  
133,200
(b) 
PVC:
L =
ND P
7400
Where "L" is the allowable leakage in gallons per hour, "N" is the number of joints in the length of pipeline being tested, "S" is the length of pipe in feet, "D" is the nominal pipe diameter in inches and "P" is the average test pressure during the leakage test in pounds per square inch gauge.
(3) 
Tests shall be under the direction of the Engineer or his designate. The contractor shall furnish a pressure gauge for measuring the pressure on the water main and shall also furnish a suitable pump, pipes and all appliances, labor, fuel and other appurtenances necessary to make these tests. The test pressure shall be maintained for a sufficient length of time to allow for a thorough examination of leakage where necessary. The pipeline shall be made watertight under the test pressure.
B. 
Disinfecting mains.
(1) 
Water mains shall be disinfected in accordance with AWWA C651-86 prior to being placed into service. For short lengths of main, the contractor may use the tablet method, if conditions so warrant and it is approved by the Engineer and Health Department. Disinfected water must lay in mains for a minimum of 24 hours before being thoroughly flushed for usage.
[Amended 1-12-1989 by L.L. No. 2-1989]
(2) 
The contractor shall furnish the necessary labor, equipment and material required for such chlorination. The contractor shall furnish the necessary labor for excavating and backfilling which will be required for the chlorination work. Chlorination by the contractor shall be continued or repeated until tests conducted by the Town Engineer shall indicate an acceptable residual of chlorine is present in the water.
(3) 
Following chlorination, all treated water shall be thoroughly flushed from the newly laid pipe at its extremities until the replacement water throughout its length shall, upon test, both chemically and bacteriologically, be proven equal the water quality served the public from the existing water supply system.

§ 186-12 Valves.

A. 
Gate valves.
(1) 
All gate valves shall conform to the AWWA Specifications for Water Valves, Designation C500-86, except as herein modified. Gate valves three inches and larger in size shall be equal to Darling AWWA Gage Valves as manufactured by the Darling Valve and Manufacturing Company of Williamsport, Pennsylvania, or to Rensselaer Valve Company, Troy, New York.
[Amended 1-12-1989 by L.L. No. 2-1989]
(2) 
All gate valves three inches and larger in size shall be of the iron body bronze mounted, double disc, parallel seat type, with nonrising bronze stem, shall open by turning to the left and shall be operated by nut or handwheel as required.
(3) 
All valves (gate) shall be of the same size as the water main in which they are to be installed.
B. 
Tapping sleeves and valves.
(1) 
Tapping sleeves and valves shall be used for all connections, six inches and larger in size, to any existing main where 10 or more domestic services would be shut off if a T or other connection were to be made.
(2) 
The tapping sleeves shall be properly sized to fit the existing mains to which connections are to be made.
(3) 
The sleeves shall be of the bolted type, of rugged cast-iron construction of ample strength for the service intended, and shall be caulked with lead the full length of the sleeve after attachment to the existing main. The existing pipe shall be thoroughly cleaned prior to installation of the tapping sleeve.
(4) 
Tapping valves shall be not less than one size smaller than the diameter of the existing main to which connection is to be made unless otherwise permitted by the Engineer.
(5) 
The tapping valves shall meet the AWWA Specifications for Gate Valves, except that oversized seat rings shall be provided to permit the use of full-sized cutters through the valve. The valve ends shall be flanged, with flanges plain faced and drilled to ANSI one-hundred-twenty-five-pound standards. The valves shall be nut operated and shall open by turning to the left. Tapping valves shall be installed and open vertically.
C. 
Valve boxes and covers. Valve boxes and covers shall be installed over each vertically set, buried valve and elsewhere as directed. Valve boxes and covers shall be of the adjustable type and shall be equal to standard valve box No. F-2450, of the required length, as manufactured by the Clow Company. Valve box covers shall be of the stay-put type (Claw F-2494) with the word "WATER" cast thereon in raised block capital letters. Base size and extension piece length shall be as required for each individual size and depth of bury.
D. 
Corporation stops. A corporation stop shall be installed at each service connection. Corporation stops shall be as manufactured by the Mueller Company and equal to Grinnell Figure H-1003 with Mueller inlet thread and IP outlet thread one size larger than body.

§ 186-13 Hydrants.

A. 
Location and number of hydrants shall be approved by the Town Engineer.
B. 
Size and type:
(1) 
All hydrants shall be six inches in size with a six-inch mechanical joint inlet connection, and shall be equal to the Model H100 as manufactured by the A.P. Smith Manufacturing Company, East Orange, New Jersey.
(2) 
Each hydrant shall have the name of the maker, the year when made and the size of main valve opening cast upon it in raised letters.
(3) 
Unless otherwise directed by the Town Engineer, each hydrant shall be fitted with one four-and-one-half-inch National Standard thread steamer nozzle and two-and-one-half-inch National Standard thread hose nozzles. The size and thread of all outlets shall meet the standards of the local Fire Department.
(4) 
The main valve shall open by turning in a counterclockwise direction and shall open against the pressure. This valve shall be faced with rubber which shall seat against an accurately machined bronze seat.
(5) 
The top cap of the hydrant shall be provided with a waste or drip to prevent the cap from filling with water.
(6) 
The hydrants shall be provided with automatically operated drainage valves to permit drainage of the hydrant when the main valve is in closed position.
(7) 
The head of the revolving nut or operating nut and nozzle cap nuts shall be of the exact dimensions of those in use in the local water district.
(8) 
The nozzle caps shall be secured to hydrants by means of galvanized or cadmium plated steel chain of not less than one-eighth-inch diameter links.
(9) 
The hydrant bottom, connecting pipe, head, packing dome, date, nozzle cap and umbrella operating nut shall be made of cast iron.
(10) 
All bolts and nuts shall be of the best quality of wrought iron or steel, rustproofed; the heads, nuts and threads shall be of standard size. All joints shall be faced true and smooth so as to make a perfectly watertight joint.
(11) 
All castings, whether of iron or bronze, shall be of uniform thickness in their several parts and shall be sound and smooth, without cold-shuts, sand holes or other defects of any description. All materials shall conform to those standards as required by AWWA Specification C502-85.
[Amended 1-12-1989 by L.L. No. 2-1989]
C. 
Cleaning and painting.
(1) 
All iron parts of the hydrant, inside and outside, shall be thoroughly cleaned and, thereafter, all surfaces inside and outside, except the exterior portion above ground line, shall be shop painted with two coats of asphalt varnish conforming to the requirements of Federal Specification TT-V-51A or Army-Navy Specification JAN-P-450. The first coat shall be allowed to dry thoroughly before the second coat is applied.
(2) 
The outside of the hydrant above the finished ground line shall be thoroughly cleaned and thereafter painted in the shop with two coats of paint of a durable and weatherproof composition conforming to Federal Specification TT-P-86A (Type IV). The color or colors of finish paint above the ground line shall be as required by the local Fire Department.
D. 
Hydrostatic test.
(1) 
After completion of fabrication, each hydrant shall be tested at the shop by hydraulic pressure, as follows: a pressure of 300 pounds per square inch shall be applied to the body of the hydrant before the protection case is put on; after the hydrant is assembled complete, with a test elbow, a pressure of 300 pounds per square inch shall be applied below the compression valve, and 200 pounds per square inch above the valve.
(2) 
Any hydrant showing a sweating of the metal under any of these tests, or leaking at the valve or stuffing boxes, or showing any other defects shall be rejected.
E. 
Hydrant connection. The connection from the wafer main to the hydrant shall be cast-iron six inches in diameter and shall be provided with a six-inch gate valve and adjustable valve box and cover.
F. 
Installation. Hydrants shall be set plumb on a poured concrete base six inches thick, extending across the full width of the trench and affording buttress support against the end wall of the trench. Weep hole drainage shall be provided by means of one cubic foot of coarse gravel or crushed stone mixture with coarse sand. Hydrant installation shall conform, in all respects, with AWWA Standard C600-87, Sections 11 and 12.
[Amended 1-12-1989 by L.L. No. 2-1989]

§ 186-14 Connections.

A. 
Main connections. All connections with the mains of the Town of East Fishkill shall be made under the supervision of water district employees, at the expense of the owner. The owner shall furnish such labor and do and perform such excavation, sheeting, pumping, etc., as may be directed. The owner shall, before the water is turned on, pay such fees as required in the schedules for the water district. All taps and service connections shall be installed under the supervision of water district employees at the expense of the owner and/or contractors and in trenches to be excavated and backfilled by said owner. A separate tap shall be required for each building served.
[Amended 1-12-1989 by L.L. No. 2-1989]
B. 
Building connections. All building connections shall have a check valve installed ahead of the meter. Service lines from the main to house shall be Type K copper having mechanical joints only unless directed by the Town Engineer.
[Amended 1-12-1989 by L.L. No. 2-1989]
C. 
Pump house connections. All piping within any pump house shall be installed with threaded connections. Where a connection is to be made at the main line to the distribution station the contractor will be required to install short lengths of pipe and swing joints.

§ 186-15 Inspections; approval and acceptance by the Town.

A. 
Inspection and tests. All material and workmanship shall be subject to inspection, examination and test by the Town Engineer or authorized Town representative. The contractor shall submit manufacturer's certifications, standards, fabrications and working drawings as required. Requests for changes in types of materials and specifications must be submitted to the Town Engineer in writing.
B. 
Final inspection. Final inspection and acceptance of the facilities by the Town shall be one year after completion of construction. During the probationary period of one year, the contractor is to remedy, at his expense, all defects in the work as may become evident or as may be required by the Town Engineer.
[Adopted 4-14-1983 by L.L. No. 2-1983]

§ 186-16 Purpose.

It is the purpose of this article to establish rules and regulations concerning the taking and using of water furnished and supplied by municipal water districts in the Town of East Fishkill, and to provide enforcement measures for the protection of the continued operation of these systems.

§ 186-17 Definitions.

As used in this article, the following terms shall have the meanings indicated:
OWNER or CONSUMER
The owner or owners of the premises supplied or furnished with water.
SERVICE PIPE or SERVICE MAIN
The pipe and attachments of every kind and nature thereto connecting the street main with the house or building piping.
SUPERINTENDENT OF HIGHWAYS
The Superintendent of Highways of the Town of East Fishkill.
WATER DEPARTMENT
That department or agency of the Town which is authorized by the Town Board to operate, maintain and in general terms manage the water system(s) of the municipality.
WATER MAIN or STREET MAIN
The pipe, attachments and appurtenances of every kind and nature conveying water along the streets of the Town.

§ 186-18 Application.

A. 
This article shall apply to all municipal water districts in the Town of East Fishkill, and shall govern the taking and use of any water furnished and supplied by said district.
B. 
The Town Board may, from time to time, enact further regulations to govern any or all municipal water districts in the Town of East Fishkill, by resolution, ordinance or local law.
C. 
Every owner taking water or permitting water to be taken for use on premises of such owner shall be bound by these rules and regulations and by such other rules and regulations as may hereinafter be established by law.

§ 186-19 District and owner responsibility.

A. 
The district shall be responsible for the operation and maintenance of the district wells, water mains and street mains.
B. 
The individual property owner shall be responsible for the maintenance and repair of the service pipes or service mains, and all fixtures connected therewith, from the building to the curb stop, and shall keep them in good repair at his own expense, and prevent all unnecessary waste of water. When an owner is notified by the district that a repair under this section is necessary, such repair shall be made by the owner within five days of service of such notice. Upon failure to comply with this rule, the district may enter the property and make such repairs, and charge them to the owner, as provided in Subsection F. Upon failure to comply with this rule, the district may also disconnect the water supply as provided in § 186-34.
C. 
If repairs to the service main or its appurtenances and fixtures becomes necessary, the repair and the cost of such repair will be made at the expense of the water district if the defect is located between the street main and the curb stop. If the defect is between the curb stop and the building, the repair and full cost of the repair shall be the responsibility of the owner of the premises.
D. 
The owner shall have the responsibility of reporting any defect in a water meter to the Water Department immediately. The district shall repair and maintain water meters, when necessary, except that when the Water Department determines that the repairs have been necessitated by negligence or tampering by the owner, the cost of repair shall be charged to the owner.
E. 
The owner shall have the responsibility of duly paying any water rents or other fees and charges established and assessed by the district. Continued provision of water to premises is specifically conditioned upon prompt payment of these duly imposed charges.
F. 
Whenever repair services are performed by the district and determined to be the responsibility of an owner pursuant to this section, a bill for the expense thereof shall be remitted to the owner. Such repair bill shall be payable within 30 days of the date of issuance. Any failure to pay such repair bills shall be dealt with in the same manner as delinquent water rates as provided in § 186-32.

§ 186-20 Limits on water usage.

A. 
The water district reserves the right to shut off the water in the mains at any time for the purpose of making repairs or extensions or for other necessary purposes and will, where possible, give due notice, except in cases of breaks and emergencies. The water district will not be responsible for any damages resulting directly or indirectly from any interruption of the water supply. In cases where boilers or other appliances in a premises depend upon the pressure in the service line to keep them supplied with water, the owner or occupant shall place suitable safety devices to guard against the possibility of collapse or explosion when the water supply is interrupted. Likewise such owner or occupant shall protect water-cooled compressors for refrigeration systems by means of high-pressure safety cutout devices and shall provide means for the prevention of the transmission of water hammer or noise of operation of any valve or appliance through his piping to any adjacent premises. Failure of the owner or occupant to provide such safety devices shall in no way make the district responsible for any damage.
B. 
The water district may, in times of water shortage or emergency, limit the amount of public water supply to each owner or building. The Town Board shall determine when such a water shortage or emergency exists, by resolution. In case of such emergency or water shortage, notice of the finding of the emergency, and the restrictions imposed by the Town Board shall be given by posting same on the Town Clerk's bulletin board, and by mail, telephone, or delivery of printed notices, to the properties within the district. Any person failing to comply with the conditions or restrictions imposed upon a finding of water shortage or emergency shall be guilty of an offense against this article, punishable as provided in § 186-34.
C. 
The Town and/or water district shall not be liable for any damage resulting from leaks, broken pipes or from any other cause, occurring to or within or without any house or building, and it is expressly stipulated by and between the water district and the consumer that no claim shall be made against said Town and/or water district on account of the bursting or breaking of any main or service pipe or any attachment to said waterworks.
D. 
The Town and/or water district shall not be liable for any deficiency or failure in the supply when occasioned by shutting off water to make repairs or connections or by failure from any cause beyond control.
E. 
The water district reserves the right to restrict the supply of water whenever the public welfare may require it, as the water district may determine. The Town and the water district make no guaranty as to the amount or consistency of pressure or volume of the water it furnishes and will not under any circumstances be responsible for any loss or damage from excess, deficiency or variation in the pressure, volume or supply of water or for loss or damage caused by water escaping from or obstructions in a service line due to frost or any other cause or for any loss or damage as a result of water escaping from laterals, fixtures, appliances or pipes owned by consumers.

§ 186-21 Cross connections with nonpotable water supplies.

A. 
If an owner has any source of water other than from the municipal public water system, such source will be considered nonpotable. Before making any service connection between the municipal public water supply and a consumer's premises, it is required that all connections between individual wells or other outside sources of water supply physically be disconnected from the consumer's plumbing fixtures, which are connected to the municipal potable water supply.
B. 
All owners of property within the confines of a municipal water district shall not use nonpotable water as a source of water supply for any purpose. Nonpotable water is defined as any source of water other than from a municipally owned water system.

§ 186-22 Service outside water district area.

No water main shall be tapped for, nor any main extended, outside the boundaries of any water district. Any person violating this section shall be guilty of an offense against this article punishable as provided in § 186-34.

§ 186-23 Obstruction of fixtures.

No person shall obstruct access to any fire hydrant, stop cock or curb box connected with the water mains or service mains or pipes in any street. A violation of this provision shall be an offense against this article punishable as provided in § 186-34.

§ 186-24 Opening of streets; permits.

A. 
No street, sidewalk or other public ground shall be opened, for the purpose of laying or repairing or performing any work connected with a water pipe or service pipe, unless a permit is obtained from the Town Superintendent of Highways and the Town Board. Any such permit shall provide for the inspection of construction by the Town Highway Superintendent, the Town Engineer and the Town Water Department. The fee for such permit shall be set from time to time by the Town Board by resolution.
B. 
Before any permit shall be granted, such owner shall file a bond in the office of the Town Clerk in an amount to be set by the Town Board, not less than $10,000, properly conditioned to indemnify the Town of East Fishkill against any loss which the Town may sustain by reason of the negligence of such owner or his agent, or other failure to comply with these rules. Such bond shall be approved by the Town Board as to form and sufficiency prior to granting any permit.
C. 
All persons performing any street opening pursuant to a permit issued by the Town Board shall duly regard public safety and convenience. Any excavation shall be adequately guarded and properly lighted at night to warn and protect the public.

§ 186-25 Connection with mains.

No person shall tap any street main or make any connection or disconnection therewith or otherwise connect or disconnect water service, except upon permission of the Water Department. All tapping of mains shall be performed by the Town Water Department, or its duly authorized agents. The fee for such tapping shall be set from time to time by the Town Board by resolution. If any unauthorized connection is made, it shall be sufficient cause for shutting off that water connection without notice.

§ 186-26 Service mains.

A. 
No person shall lay any service main or make any attachment, alteration or repair thereto except by permission by the Town Water Department. Such application for a permit shall authorize the Town Water Department to inspect and examine the pipes and materials which have been installed or the repairs performed. The fee for such permit shall be set from time to time by the Town Board by resolution.
B. 
Service main requirements and specifications:
(1) 
There shall be no tap, provision for tap, plugged tee or other such fitting in the service main between the street main and the meter inside the building. Any yard hydrant, fountain or hose must be connected on the discharge side of the meter.
(2) 
All service pipe shall be of the best grade and weight standard type "K" copper tubing for sizes through two inches meeting AWWA Specification 7S-CR. Service pipe over two inches shall be ductile iron meeting AWWA Specifications C 151-65. All pipe shall be rated for service of 150 psi or greater. No service shall be less than 3/4 inch.
(3) 
Service pipe shall be laid not less than 4 1/2 feet below the surface of grade and its vertical and horizontal alignment in relation to any sewer or other parallel pipe shall conform to Health Department Standards and to the requirements of the Town Sewer Ordinance[1] and other Town local laws.
[1]
Editor's Note: See Ch. 152, Sewers.
(4) 
Only one property or property unit shall be supplied through a single service pipe.
(5) 
Every service main shall have a cock or other approved valved tap in the main, an inverted key stop cock, or other approved valve with a metal protecting box, at the curb or property line and a gate valve or other approved valve just before the meter. It shall be the duty and responsibility of the property owner to keep the curb box in good repair, above ground, and accessible at all times.
(6) 
Any variation from these specifications must be approved in writing by the Town Board prior to installation.
C. 
No person shall open or close any valve on the street main or service main or any cocks in any curb box, or molest or interfere with same in any way whatsoever, except when acting by specific permission of the Water Department.
D. 
The entire expense, both in labor and materials, of installing the service from the curb stop at the street line to the gate valve at the meter, shall be borne by the owner of the premises. In districts where service pipe from the street main to the curb stop at the property line has not been provided, the entire expense of labor and materials of installing the service from the corporation cock in the main to the gate valve at the meter shall be borne by the owner of the premises and the street surface and walks, and other surface elements shall be replaced after the construction at the property owner's expense.

§ 186-27 Voluntary disconnection of service; application for new service.

A. 
When a property within a water district is to be sold, the seller may give notice to the Town Water Department, at least 10 days prior to the closing, to obtain an accurate water reading as of the date of the closing.
B. 
Water service billing records shall be changed into the name of the purchaser as of the date of the closing, without any disconnection of service, upon proper filing of an application for water service filed by the purchaser with the Town. Such application shall be signed by the purchaser and be upon a form subscribed by the Water Department.
C. 
It shall be the responsibility of all owners selling property within the district to notify the Town Water Department of the date of any change in ownership at least 10 days prior to the sale of the property.
D. 
Unless the Town Water Department receives an application for water service by the new owner on or before the date of the closing, the Water Department shall have the authority to disconnect the water supply as of that date.
E. 
Any new connections of water service shall be made upon the proper filing of an application therefor and with payment of the connection fee to be set, from time to time, by the Town Board by resolution.
F. 
No person shall turn on any water service nor shut off any water service except with the permission of the Town Water Department.

§ 186-28 Water charges.

A. 
All water used in and upon premises shall be charged to the owner of the property. The amount consumed shall be metered, estimated or otherwise charged by the Town Board.
B. 
All water bills shall be the responsibility of the property owner. If requested in writing by the owner, the Town Board may consent to send water bills and notices to agents or tenants in the owner's name, but the Town shall do so only upon written acknowledgment by the owner of the owner's responsibility for the payment of all water rents, charges and penalties.

§ 186-29 Special provisions applying to districts with water meters.

A. 
In all districts having water meters, all water service shall be supplied through a meter, and, except as otherwise provided herein, all meters are the property of the Water District. No person shall in any way interfere or tamper with the water meter or the valves and fittings connected therewith, or in any manner distort or attempt to distort the accurate operation of the meter, nor shall such person in any manner obtain, or attempt to obtain water otherwise than through the meter.
B. 
Only one meter shall be set in any service main. If more than one meter is desired or required for a building or premises, a separate service main must be run to the street main for each and every additional meter. However, the Town Board shall have the right to issue a temporary special permit to allow more than one meter on any one service main. Such special permit shall have a maximum term of six months, and may be revoked by the Town Board at any time. The fee for such permit shall be set from time to time by the Town Board by resolution.
C. 
No meter shall be installed or connected to the water system without a permit from the Water Department. All water meters of one inch size or less shall be procured from the Water Department and shall be the property of the Town water district servicing the area. Owners may apply to the Water Department for permission to install larger meters. If approved, these larger meters shall be provided by and at the expense of the owner of the premises requiring the meter and shall be of the size and type acceptable to the Water Department. Notwithstanding the provisions of § 186-19D, all repair costs on such larger meters shall be charged to the owner of the premises. All meters shall be set at the expense of the property owner in such location, position and manner as to be readily accessible for reading and repair. Each owner shall keep the meter free from any obstruction whatsoever and fully protected from freezing and damage, and shall provide clear access for meter reading by the district. Any damage to a meter caused by the negligence or other act of the property owner shall be repaired at the property owner's expense. All meters and any other equipment accessory to the meters shall be under the exclusive control of the water district and subject to inspection at all times by the Water Department or other agent of the Town Board.
D. 
All water passing through meters will be charged for, whether used or wasted. Owners shall report any defect in a water meter as soon as it is discovered. Meters will be tested at the owner's request. However, if the meter is found to be accurate, the consumer shall bear the expense of the test. Meters will be considered accurate if registering within 2% of actual usage. The Water Department shall also have the authority to authorize the testing of any meter for accuracy. If a meter of size greater than one inch is found to be inaccurate, the owner shall, upon written notification by the Water Department, have the meter repaired within 20 days of the notice, at the owner's expense. If a meter is out of order and fails to register correctly, the consumer shall be charged on the basis of average daily consumption as shown by the meter when in accurate working condition.
E. 
All meters shall be sealed. The seal may be broken only by an authorized agent of the Town Board. Should the seal be broken in any other manner, the property owner will be held responsible and the Town Board reserves the right to order the meter removed for tests at the expense of the property owner.
F. 
The water district, inspector, meter reader or other properly authorized representative shall have access at all reasonable hours to the premises supplied for the purpose of setting, reading, repairing or removing meters or for making necessary inspections.

§ 186-30 Water rates.

[Amended 11-18-2004 by L.L. No. 9-2004]
A. 
In districts without meters, the Town Board shall set the charges for water use according to a formula to be established for each district by resolution.
B. 
In districts with meters, the Town Board shall set the water rate to be applied based upon quantity of water used; provided, however, that the Town Board shall be authorized to set a flat water rate for owners within such districts who refuse to permit the installation of a water meter on their property. Any flat water rate set by the Town Board hereunder shall be established by resolution.
C. 
All such water rates, for districts with or without meters, shall be set and reviewed by the Town Board at least once a year. The Town Board shall have authority to modify the water rates during the year when required in order to raise the necessary funds for operation and maintenance of the district.
D. 
The Town Board shall also, for all districts, set a minimum water rate by resolution, which shall be payable even though no water is consumed within a billing period.
E. 
Water rates, when collected, shall be applied, first, toward the maintenance, operation, enlargement or improvement of the water system and, second, for the payment of principal and interest on bonds issued for the purpose of such district.

§ 186-31 Imposition and computation of water rates.

[Amended 11-18-2004 by L.L. No. 9-2004]
A. 
All water rates shall be payable quarterly, unless the Town Board by resolution determines that such rates shall be payable at greater or lesser frequency. In districts with meters, quarterly charges shall be determined by a water meter reading made some time within 30 days prior to the billing date; provided, however, that the Town Board may impose such quarterly charges by a flat water rate for owners who refuse to permit the installation of a water meter on their property, as authorized by § 186-30B above. In the event that the Town Board or its agent may not obtain access to a meter for accurate reading, the Board will have the right to estimate the bill based upon prior usage.
B. 
The owner shall be obligated to pay the minimum water charge set by resolution of the Town Board regardless of the actual consumption of water.

§ 186-32 Payment and enforcement of water rates.

A. 
All water bills for water rates and repairs shall be due and payable within 30 days of the billing date. After 30 days, a penalty equal to 10% of the amount remaining due shall be added to said bill. When a bill remains unpaid for 30 days, the Town Water Department shall send a notice to the customer that unless the bill is paid in 30 days, the water service will be disconnected without further notice. Any customer whose water bill is not paid after 60 days from the billing date shall have their service disconnected, pursuant to such notice. After such disconnection for delinquency, service shall be restored only upon payment of a reconnection fee to be set by the Town Board by resolution.
B. 
The payment of water rents must include all arrears and charges, including repair costs charged, to date of billing. No partial payment will be received which leaves a previous charge unpaid.
C. 
All water charges shall constitute a lien upon the real property served by the water system of the district and such lien shall be prior and superior to every other lien or claim except the lien of an existing tax, assessment, water rate, sewer rent or other lawful charges imposed by the Town.
D. 
All other lawful charges in connection with the water system and any and all penalties for the violations of any rules and regulations adopted for such water district, if not promptly paid, shall likewise constitute a lien upon the real property and premises in the same manner as unpaid water rents.
E. 
All water rents, penalties and other lawful charges remaining due and unpaid at the time of the annual tax roll of the water district is compiled shall be included therein and levied against the real property on which the water shall have been used, and shall be collected with and in the same manner as other Town taxes with the additional fees, charges and penalties incident to the collection of such taxes.

§ 186-33 Fees.

The Town Board shall, from time to time, act by resolution to set fees for the following items:
A. 
Street opening permits as provided for in § 186-24A.
B. 
Fee for tapping into main as provided in § 186-25.
C. 
Service main permit for installation and repair as provided in § 186-30.
D. 
New connection of water service fee as provided in § 186-27E.
E. 
Reconnection of water service after disconnection for delinquency, or other failure to comply with rules.
F. 
Special permits to allow more than one meter on any one service main as provided for in § 186-29B.
G. 
Fee for permit to install meter as provided in § 186-29.

§ 186-34 Enforcement.

A. 
Pursuant to §§ 135 and 198, Subdivision 3(c), of the Town Law, a violation of any of the provisions of this article is hereby declared to be a violation, punishable by a fine for each violation not exceeding $250, or imprisonment for a period not to exceed 15 months, or both. Each day said violation continues shall constitute a separate violation. The proper local authorities of the Town, in addition to other remedies, may institute any appropriate action or proceeding to prevent unlawful violation of these rules and regulations to restrain, correct or abate such violation or to prevent any illegal action, conduct or use in or about said water district.
B. 
In case of any violation of this article, the Water Department may shut off the supply upon 24 hours' notice, and water shall not be turned on again until the rules are complied with and all unpaid charges and rents are paid, together with a reconnection fee to be set by the Town Board, from time to time, by resolution.

§ 186-35 Method of service of notice.

A. 
Service of any notice, provided for in this article, may be upon the owner or consumer personally or by leaving the same at the premises where water is supplied or by sending the same by mail to such party at the last known address.
B. 
Service of any notice to the Town Board or water district shall be by delivery to the Town Clerk.

§ 186-36 Reservation.

The Town Board reserves the right to change, modify, supplement or amend these rules and regulations from time to time. The right is also reserved to make such additional rules and regulations which the Town Board deems best to regulate the water supply and the proper and efficient administration of the Town water districts and to make contracts for the use of water in special cases.